Pankaj Kumar @ Joki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39674 of 2025 Arising Out of PS. Case No.-230 Year-2024 Thana- DERNI BAZAR District- Saran ====================================================== Pankaj Kumar @ Joki, S/o Harendra Ray, R/o Village- Rasulpur, PS- Derni, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-09-2025 Heard Mr. Rajesh Kumar, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned APP for the State.

2. The petitioner has prayed for bail in connection with Derni P.S. Case No. 230 of 2024 registered for the offence punishable under Section 103(1) of B.N.S.

3. The case of the prosecution is that the petitioner called the son of the informant from somebody else's mobile. When the son of the informant did not return till morning, he was being searched. On 29.10.2024 at 9:30 P.M., the dead body was recovered in the paddy field near Bajrahan School.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that as per the F.I.R., the occurrence is of 28.10.2024 and the F.I.R. was lodged on 01.11.2024. There is

Patna High Court CR. MISC. No.39674 of 2025(4) dt.04-09-2025 2/2 delay in filing the F.I.R. It has also been submitted that from perusal of the inquest report it will transpire that the cause of death is suspicious. Even in postmortem, the doctors have opined that the cause of death could not be ascertained. From perusal of the diary, it also transpires that though charge sheet has been filed but the C.D.R. of the mobile number of deceased has yet not been collected by the police and from perusal of the F.I.R., it is clear that there is only suspicion that the petitioner might have killed the son of the informant. Petitioner is having no criminal antecedent and he languishing in judicial custody since 23.11.2024.

5. The application for bail is vehemently opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Saran at Chapra in connection with Derni P.S. Case No. 230 of 2024. (Ashok Kumar Pandey, J) lata/- U T